Simple Letter Agreement for the Transfer of
Materials
In
response to the RECIPIENT’s request for the MATERIAL [insert description]
______________________________
______________________________________________________________________ to be
used for the purpose of
_____________________________________________________________________________________________
the
PROVIDER asks that the RECIPIENT and the RECIPIENT SCIENTIST agree to the
following before the RECIPIENT receives the MATERIAL:
1.
The above MATERIAL is the property of the
PROVIDER and is made available as a service to the research community.
2.
THIS MATERIAL IS NOT FOR USE IN HUMAN SUBJECTS.
3.
The MATERIAL will be used for teaching or
not-for-profit research purposes only.
4.
The MATERIAL will not be further distributed to
others without the PROVIDER's written consent. The RECIPIENT shall refer any
request for the MATERIAL to the PROVIDER. To the extent supplies are available,
the PROVIDER or the PROVIDER SCIENTIST agree to make the MATERIAL available, under
a separate Simple Letter Agreement to other scientists for teaching or
not-for-profit research purposes only.
5.
The RECIPIENT agrees to acknowledge the source
of the MATERIAL in any publications reporting use of it.
6.
Any MATERIAL delivered pursuant to this
Agreement is understood to be experimental in nature and may have hazardous
properties. THE PROVIDER MAKES NO
REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE MATERIAL WILL NOT
INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHTS. Unless
prohibited by law, Recipient assumes all liability for claims for damages
against it by third parties which may arise from the use, storage or disposal
of the Material except that, to the extent permitted by law, the Provider shall
be liable to the Recipient when the damage is caused by the gross negligence or
willful misconduct of the Provider.
7.
The RECIPIENT agrees to use the MATERIAL in
compliance with all applicable statutes and regulations.
8.
The MATERIAL is provided at no cost, or with an
optional transmittal fee solely to reimburse the PROVIDER for its preparation
and distribution costs. If a fee is requested, the amount will be indicated
here: [insert fee]_____________
The PROVIDER, RECIPIENT and RECIPIENT SCIENTIST
must sign both copies of this letter and return one signed copy to the
PROVIDER. The PROVIDER will then send the MATERIAL.
Provider
Scientist:____________________________________________
Provider
Organization:_________________________________________
Address:____________________________________________________
Name
of Authorized Official:_____________________________________
Title
of Authorized Official:______________________________________
Certification of Authorized Official: This Simple Letter Agreement __has / __has
not [check one] been modified. If modified, the modifications are attached.
__________________________________________ ________________
Signature of
Provider’s Authorized Official Date
Recipient
Scientist:____________________________________________
Recipient
Organization:________________________________________
Address:____________________________________________________
Name
of Authorized Official:_____________________________________
Title
of Authorized Official:______________________________________
Signature
of Authorized Official:__________________________________
Date:________________________________________
Certification of
Recipient Scientist: I have read and
understood the conditions outlined in this Agreement and I agree to abide by
them in the receipt and use of the MATERIAL.
__________________________________________ ________________
Recipient
Scientist Date